This 2024 marks the twentieth anniversary of the approval of the comprehensive law against gender violencea milestone in the feminist fight for the protection of women in the domestic sphere, which this 25N is commemorated – if possible – with even more reason. His goal was always make visible and offer a response multidisciplinary approach to a type of violence that damages and ends the lives of women of all ages, classes and origins every day.
However, as he recalls in a conversation with Public the VioGén specialist lawyer Amparo Diaz, Although the norm has been a good starting pointalso has some shortcomings. Although it had a clear vocation of prevention and protection, since “it sought to act on the roots of gender violence, within the couple”, The resources allocated to these campaigns have always been “insufficient.” In other words, it has been able to lay the foundations for structural change, but “for aggressors to stop attacking, many other changes are needed,” says Díaz.
In Spain, at least 1,285 women have been murdered since 2003 in sexist crimes countedthe year in which these data began to be officially recorded. This year, between January and mid-November, there are already 40 women who have lost their lives at the hands of their attackers. While, Since January 1, 2013, 61 boys and girls have been murdered in these types of contexts.
What did this law mean for the victims?
One of the most significant advances has been the creation of judicial protection systemswhich include protection orders in a more agile manner, the assignment of gender violence assessment units and psychological care for victims. These tools have saved lives and offered a faster first institutional response to these situations of abuse.
Amparo Díaz, lawyer: “The law seemed very complete in its conception, but its compliance has not been guaranteed nor has it been provided with sufficient financial means”
Another of the most relevant aspects is the commitment to drive a cultural change. Since its formulation, the law contemplated the need to raise awareness in society on sexist violence, especially in the educational field, to “change the socialization process and eliminate sexist stereotypes,” according to specialist Amparo Díaz.
Although subjects related to equality, the substantive rights of women and the fight against machismo continue to be, in many cases, marginal in educational programsand the professionals in charge of implementing them lack the necessary training to address these issues in a solid way.
What things are left to do?
Díaz points out that “the law It seemed very complete in its conception, but its compliance has not been guaranteed nor has it been provided with sufficient financial means”, which has resulted in the overload of professionals. This imbalance has had a direct impact on the quality of care. In many localities, especially in rural areas, The specialized services have part-time staff, which hinders and muddies everything even more.
Amparo Díaz, lawyer: “There is an enormous distance between the judicial system and the services specialized in caring for victims”
The judicial system has not always been up to par either. According to the lawyer, “there is an enormous distance between the judicial system and the services specialized in caring for victims.” The law establishes that specialized services can make assessments on the situation of women victims of violence, but this possibility “is rarely fulfilled.”
Meanwhile, reports remain limited and are sometimes limited to only the most recent episodes of abuse. As Amparo Díaz explains, “the best complaint that a victim can file is a comprehensive one, not limited to the last three episodes.” The lack of follow-up and the speed with which cases are processed without further investigation They end up conditioning the process “too much.”
Among the most difficult aspects of the law is the care for minors who live in homes where sexist violence is suffered, since, according to Amparo Díaz, “it has not managed to fully fulfill” its objective of protecting boys and girls, as established in its article 19.
In many cases, the automation of considering that The best thing for minors is a full relationship with both parents, without taking into account the circumstances of the home or the psychological effects of the violence experienced. Furthermore, these studies are often “outsourced to private companies,” resulting in superficial and rushed reports that “do not reflect the seriousness of the situation.” The murder figures for vicarious violence They are the best illustration of this lack of determination on the part of the institutions.
The distance that separates the norm from reality
From a perspective that goes beyond the legal, Deborah Avilaprofessor of anthropology at the Complutense University of Madrid and member of the La Laboratoria group, remembers that It is not advisable to limit triumphs to legislation and the approval of laws exclusively. From the social sciences it is known that legal norms, although fundamental, represent only the beginning of a struggle.
In his opinion, The law must be seen as a “floor” and not as the “ceiling” for the eradication of sexist violence.since jurisprudence by itself does not eliminate gender stereotypes and prejudices that are reflected in judicial practice, negatively affecting the protection of women victims of violence.
In his opinion, “many times” it is taken for granted that the judicial system, being considered “neutral”, will resolve the problems derived from gender violence. In practice, however, this does not happen, since women are subjected to questions that delegitimize their complaints and perpetuate the damage, as occurs with the phenomenon of false accusations. Parental Alienation Syndrome (PAS)in which Ávila is an expert. For this reason, the researcher advocates exploring other forms of justice that go beyond criminal sentencing, such as mediation and reparationas well as greater attention to the intersections of gender, race, and class.
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